2.3 Flashcards
What are the 4 forms of punishment?
- prison sentences
- discharge
- communtiy service
- finantial punishments
How do prisons meet the aims of punishment?
- Prisons achieve aims such as retribution through loss of liberty
- individual deterrence - by returning offenders for breaches
- general deterrence - through fear of imprisonment
- public protection - by keeping offenders away from victims
- rehabilitation - through behavior management courses
- limited reparation - through restorative justice programs
What is a determinate sentence?
A determinate sentence is a fixed-term prison sentence determined by the judge, where the offender serves half in prison and half in the community on license.
What is an indeterminate sentence?
An indeterminate sentence has no fixed duration and is used when the offender is considered a danger to the public, requiring them to serve a minimum ‘tariff’ before parole eligibility.
This was abolished in 2012, although there are some people still serving them. E.G. Myra Hindley was initially set a 25-year tariff which was increased to 30 years and then to a whole life sentence.
What is a suspended sentence?
A suspended sentence is served in the community under certain conditions, and if breached, the offender serves the original fixed term.
A custodial sentence of 14 days – 2 years may be suspended for a period up to 2 years.
What are the reoffending rates in the UK?
In the UK, 48% of offenders reoffend within the first year of release, and this rate increases to 64% for sentences less than 12 months.
link to individual deterrence
What is are 4 examples of a community sentence?
- An example of a community sentence is community payback, which involves 40-300 hours of unpaid work like clearing wasteland or removing graffiti.
- Treatment and programmes may be order to help address addictions, behaviour or mental health conditions or assist in acquiring new skills and qualifications.
- Behaviour management and restrictions will include curfews, electronic tagging, appointments with an offender manager, restrictions on places or people to visit or activities undertaken.
- Restorative justice helps both offender and victim.
Do community sentences achieve the aims of punishment?
Community sentences can achieve aims like retribution through unpaid work, individual deterrence through restrictions, and rehabilitation through treatment programs.
How do fines meet the aims of punishment?
Fines meet aims by taking away wealth for retribution, deterring individuals based on income, and providing compensation to victims.
What are the issues with fines as a punishment?
Fines often go unpaid, and wealthier offenders may not see them as a deterrent, limiting their effectiveness.
What is a discharge in legal terms?
A discharge can be absolute or conditional, often given for minor offences, allowing the offender to avoid a criminal conviction.
What is an absolute discharge?
An absolute discharge is imposed when the defendant is guilty but morally blameless, and the court experience is deemed sufficient punishment.
What is a conditional discharge?
A conditional discharge is used for minor first offences, where no further sanction is imposed if the offender does not reoffend during a specified period.
Does discharge achieve the aims of punishment?
Discharge aims to deter further offending and give a second chance, but may lack value in retribution and public protection.
What conclusions can be drawn about the effectiveness of discharge?
Discharge has a low reoffending rate for first offences, but some argue it may lead to a lack of accountability for offenders.
Is prison an effective form of punishment?
Effectiveness of prisons
The number and increased length of sentences show retribution is being achieved, but increased recidivism rates suggest rehabilitation is not working.
How effective are short prison sentences compared to longer ones?
Effectiveness of prisons
Short prison sentences are less effective than longer ones at reducing reoffending. 48% of adults will reoffend within 12 months of release, increasing to 64% if the sentence is less than 12 months.
Bromley Briefings 2018
What has happened to the prison population over the last 30 years?
Effectiveness of prisons
The prison population has risen by 77% in the last 30 years.
Bromley Briefings 2018
What trend has been observed in the recall of prisoners?
Effectiveness of prisons
The number recalled back to prison has surged due to changes in the probation service, disproportionately affecting women, especially those serving short sentences for non-violent offences. In 2017, there was a 131% increase for women and a 22% increase for men.
Prison Reform Trust
What are indeterminate sentences of imprisonment?
Effectiveness of prisons
Indeterminate sentences for public protection, which had no release date and were abolished in 2012, meant that dangerous individuals could still be detained, such as John Worboys.
What benefits do courses within prison provide?
Effectiveness of prisons
Courses within prison help offenders find employment and develop life skills such as reading and writing.
What are some negative aspects of prisons?
Effectiveness of prisons
Prisons are becoming more dangerous and overcrowded, often referred to as ‘universities of crime’.
Are prisons expensive?
Effectiveness of prisons
Yes, prisons are expensive. The question remains: is it worth the cost?
Do community sentences achieve retribution?
Unpaid work and restrictions can be seen as punishment, but are they enough? The person still lives at home and in the community.
How does community service achieve individual deterrence?
Unpaid work and personal restrictions are intended to deter, but their monitoring and effectiveness in preventing future criminal behavior are questionable.
How does community service achieve general deterrence?
Fear of community service as punishment is likely less effective; however, observing others perform community service might act as a deterrent.
How does public protection relate to community sentences?
If community sentences change behavior, they could protect the public. However, offenders remain in the community.
How does community service achieve rehabilitation?
Treatment for illness and behavior management can reform behaviors, but there are few treatment course placements and offenders often fail to attend.
How does community service achieve reparation?
Restorative justice aims to help offenders understand the impact of harm, such as correcting property damage. However, some aspects, like trauma, may never be repaid.
Does prison achieve the aims of punishment?
Yes, incarceration away from family, loss of liberty. However, there is disagreement on the appropriateness of the length/type of sentence.
How does prison acheive individual deterrence?
- It refers to an individual’s return to prison if they breach the terms of their license or reoffend.
- However, reoffending rates are still high in the UK (48% within the first year). It does not consider those who act irrationally due to mental illness or substance abuse.
How does prison acheive general deterrence?
It is the fear of prison, loss of liberty, and shame on family.
How does prison acheive Public protection?
It keeps offenders away from actual and potential victims, especially during long sentences.
How does prison acheive public protection?
- It aims to deter further offending through behavior management courses and serving half of the sentence on license.
- Prison monitoring may not always be correct, and prisons could be places where offenders learn new crimes.
How does prison acheive rehabillitation?
It is less likely to occur, but offenders could go through a restorative justice program.
Are community sentences considered effective compared to short prison sentences?
Effectiveness of community service
Yes, community sentences are thought to be more effective than short prison sentences despite their decline.
What is a key benefit of community sentences?
Effectiveness of community service
They achieve reparation via restorative justice, which reduces reoffending in participants.
What is the main form of sentencing in Scandinavia?
Effectiveness of community service
Community orders are the main form of sentencing in Scandinavia, and recidivism is very low.
What does the Bromley Briefings report about community sentences since 2006?
Effectiveness of community service
The use of community sentences has nearly halved since 2006 and accounts for just over 9% of all sentences.
How effective are community sentences at reducing reoffending rates compared to short custodial sentences?
Effectiveness of community service
Community sentences are 8.3% more effective than short custodial sentences at reducing reoffending rates.
What does the Bromley Briefings 2018 report about crimes committed by those released from prison?
Effectiveness of community service
Those released from prison commit more crimes than those who received a community sentence.
What does the government claim about restorative justice?
Effectiveness of community service
The government claims that restorative justice reduces reoffending of participants by 14%.
What percentage of people sent to prison in 2012 had previously received at least one community sentence?
Effectiveness of community service
75% of people sent to prison in 2012 had previously received at least one community sentence.
What percentage of offenders complete their community orders?
Effectiveness of community service
70% of offenders complete their community orders.
What does the 30% breach rate of community orders suggest?
Effectiveness of community service
30% are in breach of the conditions, suggesting that deterrence is not effective.
Fines as a Punishment
- FINES are financial payments made by the defendant.
- They are sometimes combined with other punishments for more serious crimes.
- Sometimes the offender is allowed to pay in installments or have it deducted from their benefits. Fines are related to income which can mean long term financial implications
- The size of the fine can reflect: the seriousness of the offence, whether it was the first offence, the harm caused and the offenders ability to pay.
financially punished crimes: money laundering, fraud, cyber crime, criminal damage
Do fines achieve the aims of punishment?
Fines can achieve some aims of punishment, but their effectiveness varies.
How do fines achieve retribution?
Fines can take away some of the offender’s wealth, but they often go unpaid.
How do fines achieve individual deterrence?
Fines are based on the offender’s income and can lead to imprisonment if not paid deliberately.
How do fines achieve general deterrence?
Fines can be an effective deterrent in some cases, especially for celebrities.
How do fines achieve public protection?
Fines do not achieve public protection on their own.
How do fines achieve reparation?
Fines can provide compensation to victims, but only if the money is collected.
How do fines achieve rehabilitation?
Fines could teach offenders to spend their money better, but they may not effectively change behavior.
How much in fines has been written off or administratively cancelled?
effectiveness of fines
A quarter of a billion pounds in fines has been written off or ‘administratively cancelled’ (2014).
What percentage of fines remain written off or uncollected?
effectiveness of fines
61% of fines remain written off or uncollected.
Discharge as a punishment
Discharge can be either absolute or conditional.
It is the lowest form of punishment, usually given for minor or first-time offences.
When is discharge typically given?
Discharge is usually given for minor or first-time offences where the person avoids a criminal conviction.
What is an absolute discharge?
An absolute discharge is rare and imposed where there is guilt but the defendant is morally blameless and the whole experience of going to court is sufficient.
What is a conditional discharge?
- A conditional discharge is often used for minor first offences in a Magistrates’ court. If the offender does not reoffend during the specified period (up to 3 years), no further sanction is imposed.
- However, if there is reoffending during this period, an alternative sentence can be given for the original offence.
What is the main aim of a discharge?
The main aim of a discharge is to deter offending and give the offender a second chance.
How does discharge achieve retribution?
No penalty may be given with an absolute discharge. With conditional discharge, some argue the punishment has no value and is never proportionate to a crime.
How does discharge achieve individual deterrence?
The main aim is to prevent further offending. Conditional discharge may deter further crime as it acts as a warning.
What happens once the conditional time has passed?
The effectiveness of the conditional discharge as a deterrent may be questioned after the conditional time has passed.
How does discharge achieve public protection?
Public protection is of no value except if offenders breach the conditions and are imprisoned.
How does discharge achieve rehabilitation?
A condition may include seeking help.
Is discharge an effective form of punishment?
Effectiveness of discharges
In general, there is a low rate of re-offending following a discharge, especially if it was for a first offence.
Why might first offenders not re-offend after discharge?
Effectiveness of discharges
The experience of simply going to court is enough for many first offenders to mend their ways.
What do functionalists argue about discharge?
Effectiveness of discharges
Functionalists would argue that it reinforces norms and values.
What is the perspective of Left Realism on discharge?
Effectiveness of discharges
Poor defendants are protected from paying high fines but still told they’re doing wrong.
What do right realists argue about punishment?
Effectiveness of discharges
Right realists argue that defendants need to be punished more harshly as they are getting away with it.
Why might defendants reoffend according to right realists?
Effectiveness of discharges
They may reoffend as they feel they can get away with it.
